HV 

5'073 



LIBRAR Y OF CONG RESS. 

Shelf __.-.V^ A-i- 

ji 

UNITED STATES OF AMEEIOA. 



\ 






THE LAWS OF VERMONT 



RELATING TO THE 



ILLEGAL SALE AND USE 



F 






\^ W J^ 



( ONTAIXKD 

IM THE REYISED LAWS, AND THOSE ENACTED IN THE YEARS 

1882 AND 1884 ; 

TOGETHER WITH 

<TTATIONS OF THE DECISIONS OF THE SUPREME COURT UPON SUCH 
LAWS, TO AND INCLUDING THE FIFTY-SIXTH VERMONT REPORTS. 



COMPILED BY 

CHARLES W. PORTER, Secretary of State. 



Published by Authority. 



RUTLAND : 

THE TUTTLE CO., OFFICIAL POINTERS AND STATIONERS TO THE STATE. 

188.5. 



AN x\CT AUTHORIZING THE COMPILINa, 
FEINTING AND DISTRIBUTION OF LAWS 
RELATING TO THE ILLEGAL SALE AND USE 
OF INTOXICATING LIQUOR. 

It is hereby enacted by the General Assembly of the 
State of Yermont : 

Section 1. The secretary of state is hereby directed to 
compile all laws of this state that may be in force at the 
close of the present session of the general assembly relating 
to the illegal sale and use of intoxicating liquor and the 
•duties of officers regarding the enforcement of the same, 
together with the law setting forth the penalty if such 
officers fail to act when a just complaint has been made. 
The compilation shall include all laws relating to the above 
subjects enacted at the present session. 

Sec. 2. Four thousand copies of such compilation shall, 
in January, 1885, be printed and bound in pamphlet form 
at the expense of the state and distributed as follows : one 
copy to each sheriff, deputy sheriff, constable, justice, grand, 
juror and selectman. The balance shall be deposited in the 
state library for distribution and sale under the direction 
of the state librarian. 

Sec. 3. This act shall take effect from its passage. 

Approved November 25, 1884. 



L ^"W^ S 



RELATING TO THE 



epi Sale m\ Use of liitoiicaliiij Li(|uor. 



PEOHIBJTIOX OF MANUFACTURE AND SALE. 

1. (K. L. § 8800 as amended by act of 1882, No. 41.) No 
person shall, except as otliei'wise specially provided, manu- 
facture, sell, furnish or give away, by himself, clerk, ser- 
vant or agent, spirituous or intoxicating liquor, or mixed 
liquor of which a part is spirituous or intoxicating, or malt 
liquors or lager beer; and the phrase "intoxicating liquors" 
where it occurs in this chapter shall be held to include 
such liquors and beer. 

The word " f ui-nish " where it occurs in this chapter shall 
apply to cases wliere a person knowingly brings into or 
transports within the state for another person intoxicating 
liquor intended to be sold or disposed of contrary to law, 
or to be divided among or distributed to others. 

The words " give away " Avhere they occur in this chap- 
ter shall not apply to the giving away of intoxicating liquor 
by a person in his own private dwelling, unless given to a 
minor other than a member of his own private family or 
to an habitual drunkard, or unless such dwelling or its de- 
pendencies become a place of public resort. 

But no person shall furnish or give away intoxicating 
liquor at an assemblage of persons gathered to erect a 
building or frame of a building or to remove a building 
or at a public gathering for amusement. 

Nothing in this chapter shall pre^'ent the manufacture, 
sale and use of wine for the commemoration of the Lord's 
supper, nor the manufacture, sale and use of cider, or, for 
medical purposes only, of wine made in the state from 
grapes or other fruits the growth of the state and which is 
without the admixture of alcohol or spirituous liquor, nor 
the manufacture by any one for his own use of fermented 
liquor. 



General prohibi- 
tion. " Intoxi- 
catinir liquor" 
to include what. 

1878, No. 45; G. S. 
94, § i; 1852, No. 
24, § I- 

28 Vt. 508. 29 Vt. 
70. 32 Vt. 481. 
33Vt. 656. 35 Vt. 
584. 36 Vt. 667. 
37 Vt. 57 37 Vt. 
657. 39 Vt. 370. 
44 Vt. 208. 54 
Vt. 155. 

"Furnish" con- 
strued. 

G. S. 94, § i; 1855, 
No. 2, § I. 



"Give away," 
application lim- 
ited. 

G. S. 94. § i; 1853, 
No. 27, § I. 

34Vt. 323. 44 Vt. 
ioS. 



At certaiu assem- 
l)la!?es. 

G. S.94,§i; 1858, 
No. 31. 



Communio n 
wine. Cider, 
native wine ; fer- 
mented liquor for 
maker's use. 
1874, No. 29; G. S. 
94, §§ I, 18; 1852, 
No. 24, §§ I, 9. 



^> ILLEGAL SALE AND USE OF 

?n"puliic'''res*or't ^^^^ no person shall sell or fnrnisli cider or fermented 
''\tg4!T^Tk:,, liquor at or in a victualing-hoiise, tavern, grocery, shop. 
No. 27, §9. ' ' cellar, or other place of public resort, or at any place to an 
Jl^s/'vt'Ms: liabitnal drunkard. 

cirtain Tts or ^' (^' ^' § ^829.) Nothing in this chapter shall pre- 

trades. vent a chemist, artist, or manufacturer, in whose art or 

1852, No. 24, § 14. trade it may be necessary, irom keepmg at his place of 

business such reasonable quantity of distilled liquor as he 

has occasion to use in his art or trade, but not for sale. 

n.?nroi;'*'?riSi ^- (^- ^- § ^^^^O payments or compensations for 
sale ; none for Hquors soM in violation of law, whether in money, labor, or 

liquor or value. ^ , i -,t t ■,-,■, n '^ -^'-'^5 ^^ 

G. s. 94, § 32 ; personal property, shall bo held and considered to have 
1852 . o. 24, §21 1^^^^ received in violation of law, without consideration, 

31 Vt. 529. 31 Vt. 1 • 1 • T 1 

547 31 Vt. 709- and against law, equity and good conscience, and may be 
48 r. 3"°vt.^^828^.' recovered back, it being alleged in the declaration that the 
t-2^'lt^vT. M2. money, labor, or personal property so held was received 
702^^48^ vt'^%y6^' ^^^ ^^ \^^^ to the use of the plaintiff ; no action of any 
48 Vt. 293 5oVt. kind shall be had or maintained in any court, for the re- 

341. 52 Vt. 424. . „ . . . T. 

54Vt. 155. covery or possession or intoxicating liquor, or the value 

thereof, except such as is sold or purchased in accordance 
with the provisions of this chapter. 

COUNTY COMMISSIONERS. 

whom." Warning! ^' ^' ^' § '^'^'S'^O A couuty commissioner shall be 

Certificate of chosen annually on the first Tuesday of March by the 

G. s.*94. §2; 1854, voters of the several towns in each county. Notice of the 

No! 24,' §2.^' '^^^' election shall be given by the selectmen of the respective 

towns, as is provided for town meetings ; and a certificate of 

votes for such commissioner shall be forwarded by town 

clerks to the clerk of the county in which such towns are 

situated on or before the second Tuesday in the next 

April. 

Time of voting. 5. (^^ L. § 3788.) The box for receivinsr votes for 

Boxes and can- \ . i n i t i i 1 i i 

vassing votes in commissioner snail be opened not later than twelve o clock, 
1872,^0.63; G.s. noon, and remain open until three o'clock in the afternoon. 
94^, §3; i86t,no.37, rj^j^g mayor and board of aldermen of cities shall cause a 
box to be placed to receive votes for commissioner in each 
ward of a city, at the annual election in March, at the 
usual polling places in the ward? of such city; and the in- 
spectors of elections in such wards shall canvass the votes 
for commissioner and make return of the same to the city 
clerk immediately after the election is held. 
Duti^es of county 6. (R. L. § 3789.) The couuty clerk shall on the second 
G.s. 94, §2; 1852, Tuesday in April canvass the votes so returned and declare 
o. 24, ^ 2. ^^ person having the greatest number of votes elected 



INTOXICATING LIQUOE. ^ 7 

commissioner, and shall issue to such person a certificate 
of his election and make prochimation of such election in 
one or more newspapers. 

7. (R. L. § 3790.) A commissioner shall hold his office Jomp^nsftio?*'^* 
for one year and until another is chosen in his stead, and '863, No 31, § i; 

,, • . J.- ji ' J J • ^- ^- 94, § ?; 1861, 

shall receive as compensation lor services rendered six No. 37, § 2; 1854, 

cents a mile for necessary travel and two dollars a day for 24?'§2!' '^^^' ' °" 

time spent in the performance of his duties, to be allowed 

1)Y the auditor of accounts. No commissioner shall re- 

ceive for one year more than thirty dollars. 

8. (E. L. §3791.) n a county '^commissioner, either di- fpjo^ntln/a^ent" 
rectly or indirectly, receives a gift, fee or reward in money penalties. 

or other valuable thing, in consideration of the appoint- no. s?!^.'^ ' ^ 
ment of a person as agent for the sale of intoxicating sgVt. 441. 
liquors, he shall forfeit not less than one hundred dollars 
and not more than one thousand dollars, with costs of 
prosecution, and be imprisoned for a term of six months ; 
and a person wdio pays or offers to pay to such commis- 
sioner money or other valual^le thing in consideration of 
an appointment as agent shall be liable to the same pen- 
alty. 

TOWN AGENTS. 

9. (R. L. § 3792.) A county commissioner, on the first .t.Pti'esl^VnipJn: 
Monday in May annually, or as soon after as is convenient, sation- term of 

•^ . " 4. II 4. • ^1 4. ^ n ol^ce. Vacancy. 

may appoint an agent tor any town 111 the county, to sell ineligibility, 
at some convenient place therein intoxicating liquor to be no. '2j^§ 3.'^' ^ ^^' 
used for medicinal, chemical and mechanical purposes only. 3s vt. 584. 44 
The assent shall receive sucli comDensation for his services ' ^' 
as the selectmen of the town prescribe ; and shall, in the 
sale of such liquor, conform to such rules as the commis- 
sioner prescribes, and shall liold his situation for one year, 
unless removed by said commissioner or his successor in 
office. If such appointment becomes vacant the commis- 
sioner may appoint another agent for the remainder of the 
year. No innkeeper or keeper of a house < )f public entertain- 
ment shall be appointed such agent. 

10. (R. L. § 3793.) Such agent shall receive a certificate ^p^'oVntniln^t^ 
from the commissioner authorizina; him, as the aofent of fo"" of bond, 
the town, to sell intoxicating liquor for medicinal, chemical 1852, no^'^24,§4.* 
;md mechanical purposes only ; but such certificate shall not ^9 vt. 70. 

be delivered or take effect until he shall, if required by 

the commissioner, deliver to him a bond to the county, 

with two sufficient sureties, in the sum of six hundred 
dollars, in substance as follows : 



8 ILLEGAL SALE AND USE OF 

''Know all men that we, , as principal, and 

-, as sureties, are liolden to the county of 



in the sum of six liundred dollars, for the payment of 
which to said county, we bind ourselves, our heirs, execut - 
ors and administrators firmly by these presents. 

" Witness our own hands and seals hereto affixed, this 

day of , A. D. . 

" Provided, if said shall, while he is agent of the 

town of for selling intoxicating liquor, conform 

to the provisions of the law relating to the traffic in such 
liquor, and to the rules respecting the same prescribed by 
the commissioner of said county, not inconsistent with the 
provisions of law, this obligation shall be void, otherwise 
of force." 
selectmen to fur. n. (R. L. § 3794 as amended by act of 1882, No. 46.) 

nisii liquor ana ^^ ^ in i . '' . . ^. -, 

fix selling price, lowu ao;ents sliall uot pui'cliase mtoxicatmg liquor at the 

Proceeds paid to ti.cj.ij. ji I'l ij.* 

town treasury, expeiisc or Credit OF the town tor which such agent is ap- 

Na'if °g!''s'.^94^ pointed ; but the selectmen of such town shall furnish the 

|4; J853- No. 27, agents, at the expense of the town, such liquor; and they 

§3-' ' ' shall fix the price at which it shall be sold, and the money 

^t. ^lig. ^42 vT received from such sales shall be paid by the agent into the 

^"vt ^^ y*^* ^^ treasury of the town when required by the selectmen. The 

price so fixed by the selectmen shall be as nearly as possible 

the actual cost ^price to such town of tlie liquor and the 

expenses of the sale thereof. 

Selectmen not to 12. (K. L. § 3795.) If the Selectmen, in fixinp* the 

malce compensa- ^ ,. p ^, , .\l1'j_ 

tion contingent ; compensation 01 ail ageiit, make a contract having a ten- 

G."s^9^* § 6; 1853, dency to induce him to increase his sales for the purpose 

No. 27, § 10. Q^ increasing his compensation, or make or agree to make 

such agent compensation other than in a specific and 

definite sum of money, every selectman so offending shall 

forfeit not more than iive hundred dollars, and not less 

than one hundred dollars. 

Agent acting ^3 m j^ § 3796.) If a town anient procures and sells 

betore compensa- . . ^ . ,^ / ^ p i • i i • 

tion fixed, liable, lutoxicatiug liquor 111 the towii lor whicli he IS agent 
1864, o 50. without making a contract witli the selectmen as to com- 
pensation, he shall be liable to the penalties provided for a 
' person becoming a common seller. 
Selling at exorbi. 14. (R. L. § 3797.) If the ao;ent of a towu scllsintoxicat- 

tAnti)roiit» 

Annulling of ing liquor at an exorbitant profit, the commissioner, on 
as"^94, §8; 1853. application of three legal voters of such town, shall ascer- 
No. 27, § 8. |.^^jj whether the agent is guilty of so selling, and if so, shall 

forthwith annul his license. 
Complaint 10 15, m L. § 3798.) "When complaint is made to the 

commissioner ^.. . ^ , •i,i>_i - £!,• 

against agent, commmissioner that an agent has vioiated the terms or nis 
revokiijappolntl license, or lias broken the condition of his bond, he shall 



INTOXICATING LIQUOE. 9 

notify him thereof ; and if, on liearing, it appears that sucli !^^"f„^„, {*/*"***"*' 
terms have been viohited, or tliat siicli r-ondition has been g.s.94,.§t7; 1852, 
liroken, he shall revoke his aY-)p^>intment ; and upon a breach 
of the condition of such bond, he shall cause the same to 
be prosecuted. 

16. (Ji. L. S 3799.) If a person procures, or attempts Profurint? vumr 

^ 1 • 1 • • • T i of jiL'fMit by fals<! 

to procure, of an authorized aj^ent intoxicating liquor, .>y « t at e m e nts; 

r- 1 1 J.' ^1 £ 1 • 1 '.L • • i. 1 1 / penalty. 

falsely representing tJie purpose tor winch it is intended to G.b.94,§ir; 1855, 
be used, he shall forfeit to tlie state ten dollars, witli costs ^°-2'§3- 
of prosecution. 



SELLING, FL'KXISUIXG OR GIVING AWAY. 



2; 

9; 



17. (H. L. ? 3802. ) If a person, bv himself, clerk, ser- r'*"«';7 f''."- s^n- 
vant or aj^-ent, sells, furnishes or liives away; or owns, civinL' anay; and 
keeps or possesses with intent to sell, lurnish or give awr.y, intent to sell, 
intoxicating liquor or cider in violation of law. he shall for- l'll^\^''rjf''^^'^'. 
feit for each offense to the state, upon the first conviction '^54. No. s^j, 
ten dollars and costs of prosecution ; on the second con vie- 1852, no.24,§ 5 
tion he shall forfeit for eacli offense twenty dollars and t^^leraisr/cases 
costs of ]>rosecutiori, and shall also be imprisoned one ^\^^^^'^^^^^^^,- ^ 
month ; and on the third and subsequent convictions he ti^n. 

shall forfeit for eac^h offense twenty dollars and the costs 
of prosecution, and shall also be imprisoned not less than 
three months nor more than six months. 

18. (H. L. ? 3803.) Justices shall have concurrent luris- Juri<«<iiction. 
»liction with the county court in prosecutions under the onicer. Action of 
preceding section, and the same may be tried upon the com- *g*^' s/*'y4*''*\*"i5; 
plaint of the grand juror of tlie town, or of the state's i252,no-24 §6. 
attorney, before a justice, or upon the information of the 

state's attorney, before the county court. Such forfeiture 
may also be recovered in an ac^tion of debt in the name of 
the state, and the state's attorney sliall institute and prose- 
cute such action, on )>eing informed of such offense and 
furnished with evidence thereof, unless it is otlierwise 
prosecuted for. 

19. (R. L. § 3804.) In prosecutions under said sec- Aiiefine prior 

,. ,1 ,. 0. inn ' J.^ i • . fonvictionn. 

tion tlie prosecuting otticer shall allege in the complaint, 1^.72, No. 24, § i. 
information or indictment, known prior conviction.^ under 35 vt. 570. 
said section to the number of two, and upon trial shall 
make proof of the same, and in case of a willful failure so 
to do shall be liable to the provisions of and the penalty 
prescribed })y section 3852 (No. SO of this compilation). 

20. (R. L. ? 3805. 1 In such prosecutions the respondent, p'",* '*^ '^f^^y ^1 
11 he pleads guilty, shall state in his plea the number of offences: maybe 
offjnses of wliicli he is guilty; and the prosecuting officer, rejected; one 

count 



10 ILLEGAL SALE AND USE OF 



S's^No'^'o^ ^4; under the direction of the court, may accept the plea for 
snch number of offenses, or may put the respondent on trial, 
in his discretion ; and in such prosecutions, no more than 
one count shall be required, and no costs shall be allowed 
to a state's attorney, or taxed against a respondent, for 
additional counts. 
offenlTsf' uS 21. (K L. § 3806.) When a person is prosecuted, either 
specified, held ]3y complaint, indictment or information, for sellino-, fur- 

coiuiiiittod. when. * e« •• ^ 

alleged. nisliing or giving away intoxicating liquor, if such person 

^55,^No^.'3\ ^ ^^ ' appears before the court wherein such prosecution is pend- 

35Vt. 565. 49 vt. ing and pleads guilty to the offenses charged, and judgment 

'^^^' is rendered thereon for the penalty, such offenses shall be 

held to have been committed on the days specifically set 

forth in such complaint, indictment or information, unless 

the respondent, at the time of pleading guilty, specifies some 

other days on which such offenses were committed, in v/hich 

case an entry thereof shall be made upon such complaint, 

indictment or information, and become a part of the record. 

Judgment there- 22. (11. L. § 3807 ) The iudo^meiit rendered in such 

on no oar tor \ / ^ j o 

offenses other proceedinp;s on plea of sruilty shall not be a bar to subse- 

than ones speci- ^ , , • r "Ti _cc j_i J^ 'n ^ 

fled or alleged, quent prosecutioiis tor other oitenses than the one specmed 

S5f,No.3!§f2f3.' in the complaint, indictment or information, or by the re- 

ssVt. 565. 49 Vt. spondent, whether committed on the same day or before or 

437 after it. And if on subsequent proceedings against the 

same person for a like selling, furnishing or giving away 

of intoxicating liquor it appears that such person had been 

guilty thereof at other times than those specified in the 

former proceedings, he may be proceeded against therefor 

as thoui>:h such other offenses had been committed subse- 

CD 

quent to such former judgment. 

When pleadings 23. (R. L. § 3808.) In prosccutious under section 3802 

and decision is (No. 17 of tliis Compilation), if the pleadings terminate in a 

eStl^^oceSngs! demurrer and the decision of the court is against the respond- 

1870, No. 58. Q^i^ unless the court in its discretion allows the respondent to 

withdraw his pleadings and plead anew, it shall, upon the 

demand of the prosecuting officer, ascertain, and by a jury, 

if demanded by the respondent or should the court so order, 

the number of offenses of which the respondent is guilty, 

and enter judgment accordingly. 

Selling, &c.,adui. 24. (B- L. § 3809.) If a person, by himself, clerk, ser- 

terated liquor; ,^ , •£ j.i ' j "i £ 4. i 

penalty. vaut or agent, or it an authorized agent ot any town, know- 

No^2!'§l'^' '^^^' ii^gly sells, furnishes, gives away or distributes to others 

intoxicating liquor which is impure or adulterated he shall 

forfeit to the state not less than ten dollars and not more 

than three hundred dollars. 



INTOXICATING LIQUOR. 11 

25. (E. L. § 4294.) A person wlio directly or indirectly SXeLe Totel*! 
2:1 ves intoxicatina: liciuor to a freeman with intent to influ- penalty. 

ence his vote at an election specified in the preceding i,'*§'72; i8o6,'p'. 
section [of United States, state and county officers, or ^^''' 
members of the general assembly, E. L. § 4293], or as a 
reward for the same, shall be fined not more than two 
hundred dollars. 

INTOXICATION AND DISCLOSUEE. 

26. (R. L. § 3812.) If a person is found intoxicated he Prosecution; pen. 
shall on conviction thereof pay a line of five dollars to the g.s.q4,§io; 1855, 
state, with costs of prosecution, provided the prosecution ^5 vt. 374. 47 
is commenced within thirty days after the offense is com- ^'^ ^94- 
mitted. 

27. (R. L. § 3813.) When a person is convicted of the Delaying issue of 

'•V . ^ „ ^ . . -f p. . . .pi mittimus. Pro- 

crime of beino; found intoxicated or of intoxication, if the ceedings there- 

. • • . after 

court before whom the conviction is had shall consider it itSo,No. 16. 
advisable to put the respondent upon his good behavior, 
such court may delay issuing a mittimus against such respon- 
dent for such length of time as such court shall consider for 
the best good of the public and the respondent, and if such 
court shall thereafter consider that the public good or the 
well being of the respondent requires, he may issue a 
mittimus for the commitment of such respondent and the 
mittimus so issued shall have all the force and be subject 
to tlie same provisions as if issued within twenty-four 
hours after the time of conviction, provided that such mit- 
timus shall not issue unless issued within two years from 
such conviction. 

28. (1884, jSTo. 127, § 1.) When a person is convicted Disclosure by 

f., ^. r • . . ^ .. p^,. . Ti person convicted 

01 the crime 01 intoxication or being 10 una intoxicated, he of intoxication, 
shall be apprehended and detained by the court in which pToceTd^ngs 

thereon. 

See sees. 3 
and 32 of 
compilation. 



he was convicted of such crime and he shall, on oa h, before see'^sec's. 30, 31 
such court at the tim.e of such conviction or as soon there- ^^A^-}'^..°1 ^^^^ 
after as may be, disclose the place where and the person of 
whom the liquor so producing intoxication was obtaineil 
and the circumstances attending it ; and if he does not 
disclose, he may be committed by the court to the jail of 
the county, at the expense of the state until he so discloses 
or by such court is discharged. If the court adjudge from 
-the evideice that tlie sale, furnishing or giving awp.y of said 
liquor was an offense against chapter one hundred and sixty- 
nine of the Revised Laws, sa'd court shall forthwith issue 
a warrant and cause the person so selling, furnishing or 
giving away said liquor to be brought forthwith before 



12 ILLEGAL SALE AND USE OF 

such court and the grand juror, informmg officer or city 
attorney of the town, village or city or the state's attorney 
of the county shall appear and prosecute said cause in the 
same manner as if he had been complainant in the same ; 
and such grand juror, informing officer, city or state's 
attorney shall attend at the taking of such disclosure, on 
notice given as provided in section 3815 of the Revised 
Laws (Ko. 31 of this compilation). 
ora"prio? Si- ^^' (1884, IvTo. 127, § 2.) If the person convicted in 
Tiction. such prosccutiou upon disclosure has been one or more times 

comp1fatfon°. '^ couvictcd of a similar offense, he shall be sentenced as- 
provided in section 3817 of the Ke vised Laws (No. 34 of 
this compilation). 
Summary arrest 30. (R. L. § 3814.) When a pcrsou is fouud in such a 
turber" proceed- State of iutoxication as to disturb the public or domestic 
isfl,* No. 34; peace and tranquillity, a sheriff, deputy sheriff, high bailiff 
S'2^No^t' I2?' ^^' j^^^^^*^^ ^^^^ ^^^^ county, or a constable, grand juror or 
25Vt. 261. '56 vt. selectman of the town, in which such person is so found, 
s^ 8 of this ^^^^^^ apprehend such person so intoxicated, and may do so 

compilation. without Warrant, and take and retain him in custody, at 
the expense of the state, in any place within the county, in 
the discretion of such officer, until, in the opinion of such 
officer, the person so detained is capable of testifying 
properly in a court of justice, and as soon as may be there- 
after bring him before some justice of the county. 
Prosecuting 31, (K. L. § 3815.) The officer immediately after the 
fled and attend. " arrest shall give notice thereof and of the taking of the 
1874, No. 28 disclosure of such intoxicated person to a 2:rand juror or 

See sec. 28 of this , .■'^. ■i.-,'^,.''. 

compilation. city attorney oi the town or city m which such intoxicated 
person is found so intoxicated, or the state's attorney of 
the county, and such grand juror, or such city attorney or 
state's attorney, shall attend at the taking of such dis- 
closure. 
Proceedings on 32. (K. L„ § 3816.) The person SO fouud iiitoxicatcd shall, 
raiit,^*"whe'i 'To on oatli before such justice, disclose the place where and 
ingTiherS'.^^*^" ^he persou of wliom the liquor so producing intoxication 
1876, No. 34 ; 1874, ^^as obtained and the circumstances attending it ; and if hv 

No. 28 ; G. S. 94, T 1 1 1 • -I 1 1 • 

§ 33 ; 1852, No. 24, does not disclose, he may be committed by the justice to 
25^^'vt. 261. 27 the jail of the county, at the expense of the state, until he 
Vt. 3-^8. 46 Vt. go discloses or by said justice is discharged. If the justice 

176. 46 Vt. 374- , . , p ;{ .J ^1 ^ ^1 T £ • 1 • 

56Vt. 78. adjudges trom the evidence that the sale, lurnishmg or 

See sec. 28 of this 2i;ivino^ awav of Said liquor was an offense ao^ainst this 

compilation. n & ./ 1 ^ o 

chapter, he shall forthwith issue his warrant and cause the 
person so selling, furnishing or giving away said liquor, to 
be brought forthwith before him, and the grand juror, city 
or state's attorney, summoned as provided in the preced- 



mToxicAxmo liquor. 13 

ing sections shall appear and prosecute said cause in the 
same manner as if he had ])een complainant in the same. 

33. (R. L. § 4459.) When process is delivered to an Jji^,^if;*re com! 
officer to serve requiring him to commit a person to jail to jintted totownor 
await an examination or trial l)efore a justice, or for neglect 1874'No. 63, § 3; 
or refusal to nake disclosure under the law prohibiting the ' . ^ «• 4 • 
traffic in intoxicating drinks, if such order for commitment 

was made within the limits of a town or an incorporated 
village maintaining a lockup or jail, such person shall be 
committed to such lockup or jail and be subject to the 
restraints and entitled to the privileges provided by law for 
persons conlined in the countv jail. 

34. (R. L. § 3817.) In such prosecution upon disclosure prove(fTo"'a*ffect 
if the person convicted has l)een once or more times con- ^g'^l^^o ' J^*'^^^ * 
victed of a similar offense, the justice, on production of see sec. 29 of this 
the records or certihed copies of the records of former con- compilation. 
victions, shall sentence such offender as for a second or 

third conviction, as the case may be, without other plead- 
ings ; and the justice in making his record shall state the 
facts of the former convictions and the dates of the same, 
which shall be a sufficient record of said conviction and 
sentence. 

■ 35. (R. L. f 1741.) When a person, arrested for being J'j^^^J/ pa^rt'^'of 
intoxicated, and brouo-ht before a justice to disclose, does cpsts of prosecu- 
disclose and the person furnishing the liquor producing iS/S, No. 58, '§ 4. 
such intoxication is, in pursuance of such disclosure, fined 
therefor, the costs of such disclosure shall be taxed as part 
of the costs of prosecution against the person so fined. 

COMMON SELLERS AND MANUFACTURERS. 

36. (R. L. § 3810.) A person who is a common seller common seller or 

£•,•,' T ',1 J T • • . 1 J manufacturer. 

01 mtoxicatmg liquor without being appointed agent as PenaUy, ho>Y and 
hereinbefore provided, or a manufacturer thereof, shall on juHsdictiom'^*''* 
the first conviction thereof forfeit to the state one liundred ^-^^^"^'^ '^' '^^^ 
dollars and costs of prosecution; for the second, and every 47Vt.i87. 47 vt. 
abseqiient conviction, two hundred dollars on each convic- ^'^^' 
tipn ; and on being convicted thereof the tliird, or any 
subsequent time, he shall also be imprisoned not less than 
four nor more than twelve months ; such forfeiture to be 
recovered, and such penalty to be inflicted, upon complaint 
of the grand juror of the town where the offense is com- 
mitted, or upon tlie information of the state's attorney, or 
upon an indictment found by the grand jury of the county; 
but if not so prosecuted within one year after the offense is 
committed, such forfeiture and payment may be recovered 
2 



14- ILLEGAL SALE AND USE OF 

by an action of debt in the name of the state by a person 
prosecuting for tlie same, one-half to go to such person 
and one-half to the state. Justices shall have concurrent 
jurisdiction with the county court of prosecutions under 
this section. 
conyictio.1 37, m L. § 3811.) ]^o person shall be convicted as a 

li'iiiteil as to Ti 11 

number of commou Seller under the precednio; section unless the 

offenses. As a bar. -, r i i z? i ,i in 

G s. 94, § 19; number ot sales exceeds live nor when the number oi 
1856, No. 2. offenses proved or confessed exceeds ten, but in such cases 

the respondent shall be fined for each distinct act of sell- 
ing, furnishing or giving away as provided in section 3802 
(No. IT of this compilation). No conv^iction as a common 
seller shall be a bar to a subsequent conviction for offenses 
other than those for which the respondent was convicted as 
a common seller, whether such offenses were committed on 
the same day or different days. 

ABATEMENT OF COMMON NUISANCES. 

Common nu is- 38. (R. L. §3836.) Evei'V saloon, restaurant, £j;roccry, 

Riice what lielii ^ <^ j ^ 

to be'. cellar, sliop, l)illiard room, bju'-i'ooin and evciy d linking 

J876'no°33!^'§ I.'' j^lace or ruoni used as a place of i-esort, where intoxi'^ating 
5oVt.445- 5oVt. iiqiiur is unhuvfully sold, furnished or given away, or kept 
52Vt.476. 54 vt! for selling, furnishing or giving away unlawfully, and 
S50- 55 -547. ^yQyy place or room used or resorted to for gambling, shall 
be lield to be a conunon Jiuisance, kept in violation of law. 
On proof ad- 39. ( R. L. § 3837.) A¥hcn, upon trial, it is proved that 
in/ered 'shuT^'iM) iiitoxicating liquor is kept for unlawful sale, furnishing or 
aitv*fo*r^keeph?i^ giving away, or is unlawfully sold, furnished or given away 
i88o, No. 14, § 2; iQ a place named in the preceding: section, or that gambling 

1876 No 33, §^ '' r ?~i _ ^ o o 

2,3.' " ' is dono in such place, the court shall adjudge such place to 
bj a common nuisance, and the same shall be shut up and 
abated by the order of the court ; and the person keeping 
the same shall be adjudged by the court guilty of keeping 
and maintaining a common nuisance, and shall be fined not 
less than twenty dollars nor more than two hundred dollars, 
or he shall be liable to a fine not exceeding tw^enty dollars, 
and imprisonment not less than one month nor more than 
three months, in the discretion of the court. 
Order for abate- 40. (R. L. § 3838.) U pou the couvictiou of the rc- 
™8o,*No. 14, § 3; spondent for keeping and maintaining such common 
1876, No. 33, § 5. iiuigance, the court shallc in addition to the ordinary mitti- 
mus in criminal cases, issue an order for the shutting up and 
abatement of such nuisance. 
Place a^ain 41. (R. L. § 3839.) The samc placc shall be again shut 
1880,*" No. 14. § 4; up and abated in the same manner, on any subsequent con- 
1876, No. 33, I 5 viction of any person of keeping the same as r^ common 
nuisance. 



IISrTOXIOATIISlG LIQUOE. 15 

42. (R. L. § 3840.) The place so dosed shall not be re- ^^^ pjijaity."'* 
opened by tlie person convicted ns the keeper thereof until ^sso, No. 14, §5; 
he files with tlie couii a l)ond to the state, with sufficient 

surety or sureties, in tlie sum of not less tlian tliree hundred 
dollars nor more than five hundred dolhii-s, conditioned tliat 
lie will not tliereafter kecj^ for unlawful sale, furnishing oi' 
giving away, nor unlawfully sell, furnish or give away 
therein intoxicating licpior, nor suffer gambling to be done 
thei-ein. And if the person so convicted ]'e-o])ens or re- 
occupies such place before giving such bond, he shall be 
liable to a fine of ten dollars, payable to the state, for eacli 
day in wdiich he keeps open such place before giving such 
bond, with costs of prosecution. 

43. (11. L. § 3841.) The state's attorney, when such a Prosecution of 
bond is forfeited, shall prosecute and recover the amomit so i88o,'no. 14, §6; 
forfeited, on l)elialf of the state, and when siicli dnt}^ is '^^^' °' ^^' ^ ^' 
neglected l)y the state's attorney for six months after being 

notified of such forfeiture, any other person may institute 
proceedings for such recovery in an action of debt in the 
name of the state, and such person upon the recovery and 
the payment of such amount into the state treasury, shall 
be allow^ed one-half of the amount thereof. 

44. (R. L. § 3842.) A person, beino- a tenant or occu- Tenant keeping 

P -, .~,\. ' ^ Til- nuisance, own- 

pant 01 a l)uilaing or tenement not owned by him, who uses er's rigats. 
it or any part thereof for any purpose named in the first ' °' °" ''^'^ ^' 
section of this act [§ 3836] (Mo. 38 of this compilation), 
shall forfeit his right thereto, and the owner thereof may make 
immediate entry without process of law, or may have the same 
action against such tenant or occupant for the possession that 
he might by law have against a tenant holding ovei- after the 
expiration of a lease or after a breach in the conditions of a 
lease, or may enforce his right to the possession by any other 
proper lawful process, and may reco^•er of such tenant all 
damages arising from the termination of such tenancy in an 
action on the case. 

45. (R. L. § 3843.) A person who knowingly lets a Lessor permit- 
building, tenement, ]>lace or room, owmed by him, or under penafty. '' ' 
his control, for any of the purposes named in the first section '^^°' ^'^' ''^' ^ ^' 
of this act [§ 3836] (I^o. 38 of this compilation), or know- 
ingly permits the same or part thereof to be so used, shall 

be fined not less than twenty dollars nor more than two 
hundred dollars. 

46. (R. L. § 3844.) Justices of the county shall have Jurisdiction. 

, • . T ,. •-1 j^i ^ , c cc Disposal of fines. 

concurrent jurisdiction with the county court 01 olienses isso, No. 14, § 9; 
under sections two and five and eight of this act [§§ 3837, '^^^' ^°- ^'^' ^ ^• 
3840, 3843] (Nos. 39, 42 and 45 of this compilation). All 



16 ILLEGAL SALE AISTD USE OF 

fines and penalties recovered nnder this act, except as herein 

provided, shall go to the state. 

nqi'?r''^*and ^7. (R. L. § 3845.) The phrase ''intoxicating liquor,'^ 

cols^tr'HeV'""" where used in this act [§§ 3836 to 3845, 3865, 3866] {No&, 

i88o, No. 14, § 12. 38 to 47, 94 and 95 of this compilation), shall be held to 

include all spirituous intoxicating liquoi-s, or mixed liqnor 

of which a part is spirituous or intoxicating, all malt liquors 

and lager beer. The word " gambling," where nsed in this 

act [§§ 3836 to 3845, 3865, 3^866] (Nos. 38 to 47, 94 and 

95 of this compilation), shall be held to include all playing 

at cards, dice tables, billiards, or any other game for money 

or other valuable thing. 

DRILLS AND CAMP-MEETINGS. 

Prevention of 43^ m L, § 3786.) The commanding officer of an or- 
drius. ganization may, upon a day of drill or disciDline of his 

See sec.°58 of this command, suppress the sale or distribution of intoxicating 
compilation. liqnor, beer or ale, by the arrest of parties offending, and 
seizure of such liquor, beer or ale ; and he may place a 
guard so as to prevent the approach of a person to a place 
where there . is suspicion that liquor, beer or ale is being 
sold contrary to law, in the town where such drill or dis- 
cipline takes place. 
What traffic with- 49^ m^ L. § 4317.) If a persou within two miles of a 

ill two luiiGs tor- v ^ / i 

bidden. placc whcre a camp-meeting is held for religious worship, 

No. 6^ R.^ s! 82! and during the continuance of such meeting, sells or offers 

!5,§2-'i8^iq!p^2o'. foi' sale spirits or spirituous liquors, or exhibits shows or 

See sec. ^58 of this plays, or promotes or aids horse-racing or gaming, or sells 

or offers for sale victuals, drink or merchandise, he shall 

be fined not more than forty dollars and not less than five 

dollars, to the use of the town in which such meeting is 

held ; but this section shall not prevent licensed retailers, 

innkeepers or other persons from pursuing their ordinary 

business at their usual place of doing business, nor prevent 

a person from selling victuals in his own house. 

p?oVec.?tionV''"" 50. (E. L. § 4318.) Justices of the county shall have 

^?^88^°- R s f ■ <^oii<^i^ii'i'6^t jurisdiction with the county court of offenses 

§§'q, 10; I827, No.' under the preceding section to the extent of fining the 

See sec.'ss^ofthJs respoiideiit twenty dollars, or may bind him over for trial. 

compilation Prosecutious for such offenses shall be commenced within 

thirty days after the connnission of the offense, and not 

after. Presentment shall be made by constable and grand 

jurors of the town. 

^•eciaHoii'cl ^^ 51. (E. L. § 4319.) The president, vice-presidents and 

1874, No. 65. trustees of a camp-meetins: association organized in pur- 

Sec sec. ^8 of this • 

compilation. suaucc of law, may act as special police at any camp- 



INTOXICATmG LIQLTOK. 17 

meetino: held bv tlie association, and within two miles of 
the camp-meeting grounds during the continuance of the 
camp-meeting, with the same power as is given to con- 
stables, to seize spirituous liquors, to demand assistance, 
and to arrest disorderij persons and detain them in custody 
until proper trial can ])e liad ; and such persons so 
authorized shall, before acting as such special police, be 
sworn, and while on duty shall wear a badge of office. 

SEARCH, SEIZURE AND CONDEMNATION. 

52. (1882, ^o. 43, § 1.) Only one person shall be s^^orn complaint 

\ ' . i " ^ 1 • _c *'^'* ''^arrant of 

required to make, sign and swear to a complaint tor a seizure. 

,r 1 ~i' •^jjji.i See sec. 54 of this 

warrant ot search and seizure, instead ot throe as now compilation. 
provided in section 3818 (No. 54 of this compilation). 

53. (1882, Xo. 43, § 2.) In all cases where now, by any s e i z u r e o f 

• ^^*-'« \ ^ 7 . . . ' ^ 'I u liquors witliout 

of the provisions of said chapter, an officer is authorized to warrant, 
seize intoxicating liquors, or the casks or vessels containing comp!iatfon° 
the same, by virtue of a warrant therefor, he may seize the 
same without a warrant, and keep the liquors, casks or 
vessels so seized in some safe place and shall fortliwith 
procure such warrant, anl he shall thereupon make return 
of his doings under said warrant in the same manner as he 
would liave done had the issuing of the w^arrant preceded 
such seizure. 

54. (R. L. § 3818.) If three voters in a town make Sworn complaint 
complaint under oath or affirmation, before a justice in the warrant to 
county, that tiiey have reason to believe and do believe k eepfi|. *^*^"^^ ' 
that intoxicating liquor is kept or deposited in a dwelling- ^" ^'^'^^^^V'^^i ■ 
house, store, shop, steamboat, or water craft of any kind, 1852', No. 24,' § 12.' 
depot, railroad car, or land carriage of any kind, ware- vt. ^3^28.^^19 v^t^ 
house or other buildinor or place in said town, and intended 343- 3iVt. 610. 38 

, . p 1 " Vt. 387. 44 Vt. 

for sale, or distril)utioii among others, by a person not g 44 vt. 208. 

authorized to sell or distribute the same, said justice shall 82. 

issue a warrant to any sheriff or constable to search the See sees. 52 and 

, .. ^ , -' . 1 • - J -i! • . • .• 53 of this compil- 

premises describea m such complaint ; audit intoxicating ation. 
liquor is found therein under circumstances warranting the 
belief tliat it is intended for sale or distribution contrary 
to the provisions of this chapter, such officer shall seize the 
same and convey it to some proper place of security and 
keep it until hnal action is had thereon. 

55. (1882, No. 45=) The officer who makes a seizure of Officer making 

. . • , • T 1 • i c 1 . i • y seizure or arrest 

intoxicating liquor by virtue ot a search warrant put 111:0 to notify prose- 
his hands, or who makes a seizure of liquor without a war- their' ^duties;' 
rant, or who makes an arrest Avithout a warrant of a person *'*^*'" ^^^^' 
found in such a state of intoxication as to disturl) the public 



18 ILLEGAL SALE AISTD USE OF 

or domestic peace and tranquillity, shall immediately give 

notice thereof to a grand juror or city attorney of the town 

or city in which suc]i seizure or arrest is made, or to the 

state's attorney of the county, and such grand juror, city 

attorney or state's attorney shall attend £Aid act in behalf 

of the state at the hearing against the liquor so seized or at 

the examination and disclosure of the person so arrested^ 

and the arresting officer F_nd the prosecuting officer shall be 

allowed for travel and attendance the same fees as in other 

cases. 

Summons; hear. 50, (J^. L. § 3819.) The officcr shall summon the owuer 

delivery to agent! or keeper of tlic liqiior, if known to him, to appear forthwith 

dTstr' "cation! before the justice issuing the warrant; and if it is shown 

fs^A^No 26- ^s6q by satisfactory evidence that said liquor is intended for 

No. 4, § 2; G^^s. gale or distribution contrary to the provisions of this 

271 §§ 4, 5 ; '1852', chapter, unless such liquor is of foreign production and 

°t/^'V^ o^r has been imported under the laws of the United States, 

44Vt. 208. 48Vt. i^ . . , . T 

565. 48 vt. 572. and m accordance therewith, and is contained m tJie 
original packas^es in which it was imported, in quantities 
not less than the laws of the United States prescribe, such 
liquor and the casks or vessels in whicli it is contained 
shall be adjudged forfeited to the use of said town, and the 
same shall ])e delivered by such officer to the agent of 
such town, or it there is no agent to the selectmen, to be 
sold by him or them agreeably to the provisions of this 
chapter, unless such agent or selectmen on examination 
consider the same to be unfit either for medicinal, 
chemical or mechanical purposes and make a certificate to 
that effect upon said warrant, and thereupon the same shall 
be adjudged condemned, and shall be destroyed under a 
'written order of said justice, and in his presence, or in th.e 
presence of some person appointed by him and named in 
said order for that purpose, who shall join with the officer 
executing such order in certifying, upon the back thereof y 
the execution of the same ; and the custom house certifi- 
cate of importation, and proof of marks on the cask or 
packages in which such liquor is contained corresponding 
thereto, shall not be received as evidence that the liquor 
contained in such packages is that actually imported therein. 

Notice if owner 57^ m^ L^ s 3820.) If the owncr, keeper or possessor 

unknown. If ^ ; t . -, ^ ro'-iii 

properly of a of liquor SO scizcd IS uiiknowii to the olncer, it snail, upon 
when; if noVprZ being adjudged forfeited, be advertised, with the number 
g!*^s"' 9*4, § 23 ; ^^^^ "description of" the casks or packages, by posting up 
1852, No. 24,1 13. ' Ij^ some public place for two weeks a written notice of the 
^' ^^* ^'°* proceeding. And if it appears witliin two weeks that said 

liquor is the property of a town in this state, and was so 



IKTOXICATmG LIQUOE. 19 

when seized, and had been purchased for sale bj the agent 
of such town for medicinal, chemical and mechanical pur- 
poses omIj, the officer having the custody of such liquor 
shall npon the order of such justice, deliver the liquor to the 
agent of the town whose property it is, taking his receipt 
for the same upon the back of said order, which he shall 
thereupon return to said justice ; and if it does not so 
appear, such liquor shall be proceeded with as provided in 
the precedino; section. 

58. (E. L. §3821.) A sheriff, sheriffs deputy, con- f/^/^f^^.^^itJ;;* 
stable, selectman or ^rand juror, if he has information that ='iid arrest; pro- 
intoxicating liquor is kept with an intention to sell, or is g. s. "gi, § 25 ; 
sold in any tent, shanty, hut, or place of any kind for ^852, No. 24, § 15. 

IT i 1 , • 1 T -^ n . T IT Seesecs.48, 49, 50 

sellmg retreshments m a public ph'ce, except dweinng- and 51 of this 

houses, on or near the ground of a cattle show, agricultural ^°™ 

exhibition, military muster or public occasion of any kind, 

shall search such suspected place without warrant ; and if 

such officer finds upon the preniis2S intoxicating liquor, lie 

shall seize the same and apprehend the keeper of such 

place ad take him, with the liquor so seized, forthwith or 

as soon as convenientlv mav be, before a justice of the 

town jn which the same is found ; and thereupon such 

officer shall make a written complaint under oath, and 

subscribed by him, to such justice ; and upon proof that 

the liquor is intoxicating, and that the same was found in 

the possession of the accused in a tjiit, shanty, or other 

place, with an intention to sell, he shall be sentenced to 

imprisonment for thirty days, and the licpior seized chall 

be adjudged forfeited and disposed of by order of said 

justice as before provided in this chapter. 

59. (E, L. § 3822.) AYhen the owner, keeper or pos- J.'/^/™*"* *^ ^^^ 
sessor of intoxicating liquor, seized under the provisions of 1870, No. 56, § f. 
this chapter, appears to make claim to such liquor, he shall 

file with the justice or court before whom the proceedings 
are pending, his claim in writing, setting forth his interest 
in the liquor and the causes why it should not be adjudged 
forfeited. 

60. fE. L. § 3823.) The claimant shall, at the time of *^«'"*^-"'?°:ff„,.l^ 

„.. . "^ . / ' . proserute claim. 

tiling Ins claim with the court, enter into a recognizance to 1870, No. 56, §2. 
the state, Avitli sufficient sureties, in such sum as the court 
directs, conditioned that he will prosecute his claim to 
effect and pay the costs awarded against him. 

61. (E. L. § 3824.) IN'o appeal shall be allowed to the Kecogrnizance on 
claimant irom tlie judgment 01 the court, until he enters 1870. No. 56, §3; 
into a recognizance to the state, with sufficient sureties, in 1852, "no.'^24,' %%] 
such sum as the court directs, conditioned that he will 



20 ILLEGAL SALE AKD USE OF 

prosecute his appe:il to effect and pay the costs awarded 
a2;ainst him. 
ag"ainluia,n,a„l! ^62. (R. L. § 3825.) If the judgment is against tl^e 

1870, x\o 56, § 4; claimant, the liquor and the casks or vessels containing the 

No. 27, '§ 6;' 1852,' same shall be adjudged forfeited, as before provided, and 

°' ^'^'^'5- judgment shall be rendered, in behalf of the state against 

the claimant for all costs of prosecution incurred after the 

filing of his claim, to be taxed by the court. 

pr^efaliiigroVdeJ ^^' C^' ^' §3826.) When the appellant, in a case 
for disposal of arisino^ under this chapter, fails to enter and prosecute his 

lid iior • • 

G. s.'94, § 26; appeal, or is convicted, the county court to which such ap- 

1852, No. 24, § 16. pg^i |g taken, or the court in wdiich such appeal is finally 

decided, shall order the liquor seized upon the original 

complaint, or complaint and wai-rant, to be disposed of 

forthwith under the order of such court, as in case of liquor 

adjudged forfeited under an order of a justice. 

When liquor g4, m L. § 3827.) When liquor seized by an ofiicer 

led; custody aud as iutoxicating Is taken from his possession by a wTit of 

G.''s!*94. § 40; 1858, replevin, it shall not be delivered to the claimant, but shall 

No 10, §1. i^g held bv the replevying: ofiicer until the final determina- 

44 Vt. Q. 40 Vt. v r .7 ^ 

395. 47 Vt. 407. tion of the replevin suit ; whereupon the same shall be de- 
livered to the plaintiff in the replevin, if the judgment is 
for him, but otherwise it shall be delivered to the defend- 
ant in the replevin, or to such ofiicer as has authority to 
hold or destroy the same under the original seizure pro- 
ceedings. 

Replevin not to Q^ m^ L. § 3828.) 1^0 proceedings, except final exe- 

delay proceed , \ , -' / . f. '^ i n 1 i i ^^ 

ings. cution, on seizure or intoxicating liquor, shall be delayed by 

i858,No^\o, §t'. ' a replevin thereof, but such proceedings shall go on to 
46 Vt. 395. 47 Vt. filial iudffment as if no replevin had been commenced. 

407. J ~ -L 

SOLICITATION OF ORDERS AND TRANSPORTATION". 

Bringing, pro- QQ^ (R. L. § 3830.) If a pcrsou knowiiiffly brino;s witliin 

curing or trans- p "^ i • i • i 

porting liquor for the statc, lOT aiiothcr pcrsoii excepting authorizea agents, 
aity^* use; pen- ij^^Qxicatiug liquor to be used or disposed of in violation of 
?856,^No^.^'3,\'*3' l^w, or kuowiugly procures or transports for another per- 
son, or knowingly aids, assists or abets in procuring or 
transporting intoxicating liquor to be used or disposed of 
in violation of law, he shall forfeit twenty dollars and 
costs of prosecution, on the first conviction, and on the 
second and each subsequent conviction fifty dollars and 
costs, and be imprisoned not less than three nor more than 
ten months. 
Carriers bringing g7. (j^. L. § 3831.) If a rnih'oad couductor, freight 

or delivering un- ^ '^ i 1 • Ii 

marked barrel, agent, cxpi-essman, de]:»ot master, oi- otlier person in the 
18^68, Nollei''* employment of, or connected with, a railroad coi'pora- 



INTOXICATmG LIQUOH. 21 

tion, or a teamster, stage driver, or common carrier, 
eitlier in his own pei'Sun or by an agent, knowingly 
brings into or delivers witliin the state, for another person, 
a barrel, cask, jiig, box, or other vessel capable of liold- 
ing intoxicating liquor, unless said barrel or other vessel is 
legibl}' marked witli the name of the person to wliom the 
article is sent, or to be delivered, the person so offending 
shall bo fined not less than twenty-five dollars and costs of 
prosecution. 

68. (R. L. § 3832.) A person who acts as the assent of Actin? as agent 

\ ^ / 1 c^ tor (iPfliGr soli- 

another person, for tlie sale of intoxicating liquor, or wlio citinar orders; 
travels from place to place, selling, furnishing, disposing of xc.\"penaity/"^' 
or giving away intoxicating liquor, for another person, or '^^^" ^°' ^^'^'' 
who takes an order for another person, or who is instru- 
mental in causing an order to be sent to another person, 
other tlian an authorized agent for the sale of intoxicating 
liquor, for int3xicating liquor, or who, directly or indirectly, 
aids, abets or assists another person to sell, furnish or give 
away, or dispose of intoxicating liquoi-, or who cariies or 
exhibits or causes to be exhibited, a sample of intoxicating 
liquor, oi- gives, states, shows or indicates the price of the 
same, with a viev/ to induce a person to pui'chase such 
liquors, as said sample represents, shall forfeit upon the first 
<;onviction, one hundred dollars and costs of prosecution; 
on the second conviction, three hundred dollars and costs oi 
prosecution ; and on the third and subsequent convictions, 
five hundred dollais and the costs, and be imprisoned not 
more than six months ; but this section shall not prevent 
the selectmen from purchasing intoxicating liquor for the 
purposes set forth in tliis chapter. 

PRACTICE AND PROCEDURE. 

69. (R. L. § 3846.) No person engaged in unlawful J/?a"bYiuy''as 
traffic in intoxicating liqnov shall sit upon a jury in a case Jj'*«j- 
arising nnder this chapter, and when information is com- 1852, No. 24, § lo' 
municated to the court that a niL-mber impaneled upon such 

jury is believed to be engaged in such traffic, the court shall 
inquire of him a^ to the truth thereof; and no answer that 
he makes shall be used ag^ainst him in a case arisino; under 
this chapter; bnt he may decline to answer, and in that case 
he shall l)e discharged from the panel ; and if he ansvrers 
falsely, he shall be incapable of serving upon any jury 
thereafter. But no verdict against a respondent shall be 
vitiated because such person was upon the jury by which it 
was rendered. 



22 ILLEGAL SALE AND USE OF 

noi.*^pros. orVon-*' '^^' (^' ^' §3847.) CasGs arising under this chapter 
i8Tno'24, §i; ^^^^^^ take precedence of other trials in the court in which 
S;2\o^'^24,\it'' *^^®'^ ^^*^ pending, except those in criminal cases where the 
"' i*espondents are under arrest; and neither the court nor 
prosecuting officer shall enter a 7iolle prosequi, or grant a 
continuance in a case arising under this chapter," either 
before or after the verdict, except where in their opinion 
the purposes of justice require it. 
to be aiiegt'i; '•'■• (-^- L- § 3848.) Li prosecutions for offenses against 
rr^'s. 94, § 28; *^^^ provisions of this chapter where a prior conviction is 
X852, No. ^4, § 18' relied upon to increase the sentence, it shall be set forth in 
667^^' ^^°" ^^^''' the complaint, information or indictment ; and it shall be 
sufficient in such case to set forth in substance the fact of 
such prior conviction, the offense for which the conviction 
was had, and the time and place at which, and the court by 
and before which it was had. 
present. 72. (R. L. § 3849.) Grand juries shall inquire into and 

S52,^No^.'^;4,^§24.' pi'Gsent the violations of this chapter not otherwise prose- 
cuted as hereinl)efore provided. 
ciTyeldrcV: "''" 73. (R. L. § 3850.) Li trials for offenses against this 
?8- ^No'^o ^§^^' chapter the respondent ma}^ have a trial by jury and upon 
such trial the jury on conviction shall return a special ver- 
dict in cases Vvdiere it is m cessary to enable the court to 
pass the proper sentence. 
aud?^.'' ***"'" '^^' (I^- L. § 3854.) Li prosecutions before a justice 
See R. L.,§§ 224, for violations of the provisions of this chapter, the costs 
94^§ 4^*7° 1856, No.' shall be audited and allowed by the court auditor for the 
^'^'' county and paid from the state treasury as provided in 

other cases, where, in prosecutions before a justice, the 
costs are to be paid out of the state treasury. 
flne'"to''prose! ^S- (R. L. § 3855.) Onc-fourth of the 'fines mentioned 
cutor. ■ ill sections 3791, 3799, 3802, 3809, 3812, 3830, 3851 and 

]1%\,Z' 56 vt. 3852 (Nos. 8, f 6, 17, 24, 26, Q6, 85 and SQ of this compil- 
7^* ation), shall go to the complainant when complaint is made, 

otherwise to the prosecuting officer. 
ronTcrin,h.'at- '^^' (^' ^- § 3856.) In prosccutions uudcr this chapter 
ing himself. no person other than the respondent shall be excused from 

1876, No. 35. J j-n • 1 1 • , ,• • • i j_ 1 J. 

testily mg [because his testimony may criminate or tend to 
criminate himself. Such testitriony shall not be used 
against the person giving it in any proceeding against him, 
civil, or criminal, except in a prosecution for perjury com- 
mitted in giving such testimony. 
airdweV'"'^"*^ 77. (R. L. § 3857.) Complaints, informations or indict- 
1870, No. 56, § 5. ments and declarations in actions of debt, founded on the 
36Vt. 563- 55Vt. ppQ^rjgiQng of this chapter, may be amended before or on 
trial by the court before which the same is pending, 



547 



INTOXICATING LIQUOE. 23 

whether by original entry or appeal, except as to matters 
of substance. 

78. (1882, Ko. 42, § 1.) In any complaint, information Alienations of 

^ ^ ' . 1 . H offenses under 

or indictment lounded npon section 3830, 3831 or 3832 oi certain section* 

the Revised Laws (Ncs. QQ, 67 and 68 of this Cv)mpilation). 

it shall be sulticient to allege the substance of the oifensc 

substantially in the language of such section. And it shall 

not b^ necessary to state in the complaint, information or 

indictment the names of the persons or tirnis for whom the; 

respondent acted as agent, or from whom or for whom he 

procured or transported such liquors, or from whom or for 

whom he took orders, or whom he aided, abetted or assisted, 

or the means by which he aided, abetted or assisted any 

persons or fii-ms; but the court before which snc;h complaint, 

information or indictment is pending shall, i»n application 

of the respondent, order the prosecuting otlicer to furnish 

such specifications of the acts to be relied upon as in the 

opinion of the court are necessary to protect the rights of 

the respondent. 

79. (1882, No. 42, §2.) The provisions of sections 3806 »f^«t,/f p'^* 
and 3807 of the Revised Laws (Nos. 21 and 22 of this com »>ie to certain sec- 

•I i* . y. ^1 !!• . L' 1 r '^ in i , tions named. 

pilationj as to the ciiect of a plea or guilty, shall apply to 
prosecutions under said sections 3830, 38ol and 3832 (Nos. 
66^ 67 and 68 of this compilation). 

80. (1882, No. 42, § 3.) Justices shall have concurrent dtiTiTu^iYt'h 
iurisdiction with the c«;unty court in prosecutions under said ^()»»^y court ex- 
sections 3830, 3831 and 3832 (Nos. 6Q, 67 and 68 of this ires. "' 
compilation). 

81. (R. L. § 870 as amended by act of 1884, No. 118.) ^S'on"st.nday^ 
No process, except escape warrants, and warrants for appre- ^^^c^ptions. 
bending a principal in favor of bail, and in cas( s of treason, no. '5; r. s. 28,' 
felony, misdemeanors and in cases arising under the police R.''^i7g7,''p. gs,' ^ 
re^ul'itions of im-oiporated cities and villao^es, or arisin«i' ^'^^ ^ '"^"'P- '36- 
under any law for the suppression of the tialtic in intoxicat- 3,9 'iY'vu 215.' 
ing liquors, shall be served or executed on a resident of the 

United States after sunset on Satuj-day, until after twelve 
o'clock at night of the following Sunday, ad such attempted 
service thereof shall he void. 

82. (1SS4, No. 126, § 1.) In the examination of a person .|^„Wvin"ge 
before a iustice, chaii'cd with a crime exceeding the iurisdic- 'iiUormfns oiFc( 

. . f • ,' . . 11 . 1 1 m a y e ni p 1 o 

tion ot a justice to try and determine, commenced upon th( fomi ei in cer 
complaint of a town grand juror or village informing officer. conlpenSlon''''' 
and in the ti'ial of a person before a justice upon the com- 
plaint of a town grand juror or a village infoi'ming officer, 
charging him with a criii;e within the jurisdiction of a justice 



cer 
F 



24 ILLEGAL SALE AND USE OF 

to try and determine, where the fine is paid to the treasurer 
of the state, when tlie state's attorney is disqualified to act 
or when the state's attorney, from sickness, absence or other 
cause cannot be seasonably procured to assist in such exam- 
ination or trial, such grand jaror or village informing otiicer 
may employ counsel at th(3 expense of the state, and the 
counsel so employed shall be allowed reasonable compensa- 
tion for his services and expenses by the auditor of accounts, 
who shall draw an order on the state treasurer for the amount 
allowed by him to the counsel. 
S\ot™iiowa: 83. (1884, No. 126, § 2.) No compensation shall be 
bie. allowed counsel in any case where it appears to the auditor 

that the prosecution was superfluous and instituted to 
enhance costs, nor in the trial ot a person upon a complaint for 
intoxication, nor in the trial of a person for any other offense 
against chapter one hundred and sixty-nine of the Revised 
Laws, except wh.ere the respondent pleads not guilty. 
^™oant of; tow 84. (R. L. § 3858.) In addition to the fees now allowed 
1876, No. 38; G. s. by law thirty-four cents shall be allowed to the justice for 
l\\^%l ' ^^'* °' making a bond required by this chapter, thirty -four cents 



for an order for the forfeiture or destruction of liquor 
fifty cents for attending such destruction; to an officer 
serving a warrant or process for seizing intoxicating liquor, 
or seizing the same under section 3821 (No. 58 of this 
compilation), and apprehending the keeper, one dollar ; for 
removing such liquor and keeping the same, his actual 
expenses ; for destroying liquor under the order of the 
court, and making his return of each order, one dollar ; for 
posting up the notices required in section 3858,* one dollar; 
and to a prosecuting officer, in case of conviction before a 
justice, except when the complaint is for intoxication and the 
respondent pleads guilty, two dollars ; which are to be taxed 
and so allowed in the bill of costs against the respondent. 



OFFICIAL DERELICTION. 



■Official neglect; 85. (R. L. § 3851.) When a justice, grand juror, cou- 
ghs. 94, § 42; stable, selectman, county commissioner, sheriff, sheriff's 
j853,'i?o°"2^i', I 6; dcputy, statc's attorney or other officer whose duty it is to 
1852, No. 24, § 23. ejj^force any of the provisions of this chapter, does not, on 
proper application being made to him, perform faithfully 
his duties as specified in this chapter he shall be prosecuted 
by indictment or information of the state's attorney and 
fined not more than one hundred dollars and not less than 
twenty dollars. 

*This reference should be to k. L., § ;3S20, wliicli is contained in 
section 57 of this compilation. 



INTOXICATING LIQUOE. 25 

86. (E. L. § 3852.) If a state's attorney, liaving charge femfng; fenluy! 
of a case for the violation of the provisions of this chap- ^ 56, no. 3, §2; 
ter, settles or offers to settle with or release the respondent 1852', No". 24,'§25r 
in such case, before the court determines the same, he shall 

be fined not more than five hundred dollars and not less 
than three hundred dollars. 

87. (E. L. § 3853.) Lf a town, by its treasurer or se- JJe"pfna?ty^'°^ 
lectmen, or otherwise, directly or indirectly refunds or pays g- s 94, § 46; 
back to a person a fine or money received for the violation 

of this chapter, such town shall forfeit one hundred dol- 
lars ; and the state's attorney shall prosecute for the same. 

FORMS. 

88. (E. L. § 3859.) Complaints for any offense against fgTs'osTs'S^i'o 
section 3802 (No. 17 of tliis compilation) shall be substan- |,f^thisCmpiia- 
tially in the following form : tion). 
State of Vermont, > To A. B., justice of the peace for 1852, No^'^24, §^18'. 

'■ — Cou?iiy,&s. ) the county of , comes C. D., ^^^'^'^g^VrsTo' 

grand juror of the town of , in said county, and l^vt-s^s- 39 vt. 

complains that E. F., of , on the day of 4iVt. 6gi. 43 vt'. 

, A. D. , at , did at divers times'^sell, 5^^vt.^376'^'" ^^" 

furnish, or give away (as the case may be) intoxicating 
liquor, without authority, contrary to the form of the 
statute in such case made and provided, and against the 
peace and dignity of the state. C. D., (rra?id Juror. 

And the justice to whom such complaint is made shall 
certify thereon substantially as follows : 

This complaint, exhibited to me this day of 

, A. I). .• A. B., Justice of the Peace. 

And for the offense of becoming a common seller, or 
manufacturer, the complaint shall be in substantially the 
same form, inserting the words " became a manufacturer 
of " or " common seller of " in lieu of the words " did at. 
divers times sell, furnish, or give away." 

89. (E L. § 3860.) Under the foreo-oino; complaint, i^ach act provable 

\ . . \ , , . r, . , . ^ ^ . . ^ ' as an o 1 1 e n s e ; 

every distinct act 01 selling, furnishing or giving away sentence, 
may be proved and the court shall impose a fine for each 1852, No^.^, §18.' 
offense, or, if the number exceeds five and not ten, the re- 
spondent shall be adjudged a common seller and be sub- 
jected to the penalties provided in section 3810 (No. 36 
of this compilation). 

90. (E. L. § 3861.) In informations, indictments and Describing 

T 1 • • • p T 1 p T T 1.1 offense in 

declarations 111 actions or debt rounded upon this chapter, action of debt, 
the description of the offense may be substantially [in] 1852, No.'^24, § 18 ' 
the same form so far as the case will admit. 



26 ILLEGAL SALE AND USE OF 

Complaint an d 91. (R. L. § 3862.) The complaiiit and warrant for the 
sesiTch and Search for and seizure of liquor, as required by section 
G.'^s^^*94, § 29; 3818 (No. 54 of this compilation), shall be in substance in 
1855, No. 2, 1 5-^ ' ll^Q form following : 

Jio/'sf vt^'387.' State OF Vermont, ) To A. B., justice of the peace 

407^^"55°vt.'£^^" County ^^%. ) within and for the county of , 

aforesaid, come C. D., E. F. and G. H., voters in the town 

of — , in said county, and complain that they have 

reason to believe and do believe that intoxicating liquor is 

by kept or deposited in [here describe the jjince to 

be searchecf] and by , then and there in the town of 

, intended for sale, furnishing, gift or distribution, 

contrary to the form of the statute in such case made and 
provided, and against the peace and dignity oi the state ; 
and we therefore pray that a warrant of search may issue 
in the premises. 

Dated at , this day of , A. D. 



The above named C. D,, E. F. and G. H. exhibited this 
complaint to me, and made oath to the truth thereof this 

day of • , A. D. . 

Before nie, A. B., Justice of the Peace. 
State of Yermojstt, ) To any sheriff or constable in the 
County .,^%. ) state, Greeting-: 

Whereas complaint has been made to me upon oath, as 
above written, therefore, by the authority of the state of 
Vermont, you are hereby commanded forthwith to enter 
and search the premises above described, to wit, SJiere 
follows the description of the jyt'cmises as above'] and if 
any such intoxicating liquor is found therein, under cir- 
cumstances warranting the lielief that it is intended for 
sale, furnishing, gift or distribution, contrary to the laws 
of this state relating to the traffic in intoxicating liquor for 
the purpose of drinking, — you are further conimanded to 
seize it, and convey the same to some proper place 
of security, and the same keep nntil final action is 
had thereon, and to summon the owner or keeper of said 
liquor (if he is known to you) to appear before me at 

, and show cause, if any he has, why the said liquor 

should not be adjudged forfeited and be dealt with 

according to the statute in such case made and provided : 
and for so doing this shall be your sufficient warrant. 

Hereof fail not, but of this complaint and warrant, with 
your doings thereon, make return according to law. 

Given under my hand at , in said county, this 

day of , A. D. . 

A. B., Justice of the Peace. 



INTOXICATING LIQUOE. . 27 

92. (R. L. § 3863.) The order for the destruction of Ij^J^^u^^fi^u *'''* 
Lquor seized and declared forfeited, under section 3819 g. s. 94, § 30; 
(No. 56 of this compilation), sliall be in substance in the ' ^^' °' ^' 
form following : 
State of Vermont, ) To aiiv sheriff or constable in the 

County, ss. ) state, Greeting : 

Whereas the following described spirituous or intoxicat- 
ing liquor, to wir, [Ae/'d describe tke liquor^ has been 
seized on a warrant of search, issued by A. B., a justice of 

the pea(-e for the county of , upon complaint of C. 

D., E. F. and G. H., legal voters in the town of , 

by virtue of and in accordance with the provisions of sec- 
tion twenty-two of this chapter [§ 3819] (No. 56 of this 

■compilation), in the town of , in ; 

And whereas — , as the owner or keeper of said 

liquor seized as aforesaid, having been duly summoned 
to appear before me as the law directs, did (or did not) 
appear, and on the hearing of the case it was not shoAvn by 

satisfactory evidence to the that said liquor is of 

foreign production, that it has been imported under the 
laws of the United States, and in accordance therewith, 
tliat it is contained in the original packages in which it 
was imported, and in quantities not less than the laws of 
the United States prescribe ; and whereas, in the opinion 
of the , said liquor was kept or deposited, and in- 
tended for sale, furnishing, gift or distribution, contrary 
to the chapter aforesaid ; said liquor has been by the 

adjudged forfeited and ordered to be destroyed, in 

pursuance of the provisions of this chapter. 

You are, therefore, by the authority of the state of 
Yermont, hereby ordered to destroy said liquor in the 

presence of , who has been duly appointed to 

witness the destruction thereof, and for so doing this shall 
be your sufficient authority and warrant. 

Hereof fail not, but of this order and warrant, with 
your doings thereon, make return according to law. 

Given under my liand at , this day of 

, A. D. . A. B., Justice of the Pectce. 

And in cases arising under section 3821 (No. 58 of this 
compilation), the complaint shall follow the same form, 
substantially, as far as the word " complains, " and then 
proceed, in substance, as follows : 

That E. F., of , on the day of , 

A. D. , ke})t with intention to sell [or s^ld^ as the 

case may be, in [describing the j9Za<?e) ], near [describing 
the public occasion^ in said county, the intoxicating liquor 



28 ILLEGAL SALE AND USE OF 

seized by me, and here produced, namely, \describi71g the 
saine briefly] contrary to the form, &c., following the said 
form first mentioned. 

cloSe.*' """ *'''" ^^- (^- ^- § 3^6^-) The warrant provided for in sec- 
G. s. 94, § 34; tion 38 L6 C^o. 32 of this compilation) shall be in sub- 

1853, No. 27, 5§ II, 1 ' l.^ Ji ^^ ' SI 

12. stance m the lollowang lorm : 

State of Yermont, ) To any sheriff or constable in the 
County, ss. ) state. Greeting : 

Whereas A. B., having besn arrested while in a state of 
intoxication, and brought before the subscribing authority, 
has disclosed that the liquor whereby such intoxication was 

produced, was obtained from C. D., of , at ,, 

on or about the day of , A. D. ; and 

wdiereas it appears to the subscribing authority, from the 
disclosure of said A.' B., t'lat the fui-nishing of such liquor 
by said C. D. to said A. B. was an offense against the law 
relative to the traffic in intoxicating liquor, therefore. 

By the authority of the state of Vermont, you are here- 
by commanded to arrest the body of the said C. D., and 
have him forthwith before the subscribing authority, at 

, to make answer to the charge so preferred against 

him, and abide such order, direction and decree therein as 
to said court shall seem meet in the premises. 

Given under mv hand at , this day of 

, A. D. 1— . 

And the w^arrant of commitment for refusing to disclose 
according to tlie requirements of said section shall be, in 
substance, in the following form : 

State of Yermont, ) To any sheriff or constable in the 
County^ ss. ) state. Greeting: 

Whereas A. B., sheriff of the county of [or 

constable^ or grand juror ^ or justice of the peace^ or select- 
man of the town of- ], on the day of , A. D. 

, at , in said county, brought before me, C. D., a 

justice of the peace within and for said county of , 

said , charging him, the said , with having been 

found intoxicated and disturbing the public (or domestic) 

peace or tranquillity of , aforesaid, on the — day of 

, A. D. , and the fact being found by 

me that the said had been intoxicated, and had dis- 
turbed the public (or domestic) peace and tranquillity, he 
was by me ordered to disclose, under oath, the place w^here 
and the person of whom the liquor so producing 
intoxication was obtained, and the attending circumstances, 
agreeably to the law relative to the traffic in intoxicating 

liquor ; and the said , having neglected and refused so 

to do, therefore, 



INTOXICATING LIQUOK. 29 

By the authority of the state of Yermont, you are here- 
by commanded to take the body of the said , and 

him commit to the keeper of the jail in , in the 

county of aforesaid, within the said prison, who is 

hereby commanded to receive the said , and him 

safely keep until he makes such disclosure, or is discharged 
by me, or otherwise by order of law. 

Hereof fail not and due return make. 

Given under my hand this day of , A. D. 

— — . C. D., Justice of the Peace. 

94. (R. L. § 3865 as amended by act of 1882, No. M.) L^e^iSgSLc"': 
Complaints, indictments and informations relating to nui- isso, No. 14, § lo; 
sances under section one of this act [§ 3836] (No. 38 of this 55 Vt. 54,7.^^' 
compilation,) shall be substantially in the following form, and 
the same may be amended in the discretion of the court, either 
in form or substance, at any stage of the proceedings : 
State of Vermont, > To A. B., justice of the peace with- 

County^ ss. \ in and for the county of , comes 

C. D., grand juror of the the town (or city) of , in 

said county, and complains that E. F., of , in said county, 

heretofore, to wit, on the day of , A. I). 

, at , in said county, did imlawfully keep and 

maintain a certain place or room used as a place of resort, 
called and known as a [Jiere give the name of the place or 
roovi^ whether saloon^ billiard-roovi^ bar-room or other- 
wise^^, situated \_here give the location with reasonable cer- 

tainty\ in the town (or city) of , in said county, in 

which, then and there, intoxicating liquor w^as kept for un- 
lawful sale, furnishing or giving away \or was unlawfully 
sold^ furnished or given away^ as the case may be'] [or 
which was resorted to and used for gambling., as the case 
may be\ , to the common nuisance of all the good people of 
this state, contrary to the form of the statute in such case 
made and provided, and against the peace and dignity of 
the state. CD., Grand Juror. 

And the justice to whom the complaint is made shall 
certify thereon substantially as follows : 

" This complaint exhibited to me this day of 

, A. D. . K.'^.., Justice of the PtaceP <>rder to abate 



95. (B. L. § 3866.) The order mentioned n section isso, No' 



14, 



three [§ 3838] (No. 40 of this compilation) shall be sub- '^'^' ^°- ^^ 

stantially in the form following : 

State of Vermont, > To any sheriif or constable in the 

County, ss. \ state. Greeting: 

Whereas E. F., of , in said county, was on the 

day of , A. D. , before the undersigned, 

3 



30 ILLEGAL SALE AE^D USE OF 

a justice of the peace in said county, convicted of keeping; 
and maintaining a place of resort, called and known as a 
\Jiere describe the place^ giving its name and location as 
in the complaint^ which has been adjudged a common 
nuisance and ordered to be abated. 

Now, therefore, by the authority of the state of Yer- 
mont, you are hereby commanded forthwith to abate such 
nuisance, by shutting up the place aforesaid, upon giving 
the said E. F.. reasonable notice to remove whatever g-oods 
and effects he may lawfully possess therein ; and upon 
shutting up such place, you will post upon the door or 
main entrance to the same, a notice in words as follows : 

^'Closed against E. F., of , by order of A. B., justice 

of the peace," and sign such notice in your official ca- 
pacity. 

Hereof fail not, but of your doings hereon make due 
return according to law. 

Dated at , in said county, this day of , 

A. D. . A. B., Justice of the Peace. 

ACTIONS FOR DAMAGES. 

Mabiiity of seu. 96. (R. L. § 3833.) When a person, by reason of in- 
1874, No. 27; 1869, toxication, commits or causes an injury upon tlie person or 
^7Vt.537^ 48 vt pi'op^'i'ty of another, a person who by liiraself, clerk, or 
^oVt ?62^^'6^vt' s^i'^'^^tj unlawfully sold or furnished any part of the liquor 
410. causing such intoxication, shall be liable to the party in- 

jured for the damage occasioned by the injury so done, to 
be recovered in the same form of action as such intoxicated 
person would be liable to; and both such parties may be 
joined in the same action. In case of the death or disa- 
bility of a person, either from such injury or in conse- 
quence of intoxication from the use of liquors so unlaw- 
fully furnished, a person who is in any manner dependent 
on such injure'! person for means of support, or a person 
on whom such injured person is dependent, may recover 
from the person unlawfully selling or furnishing any of 
such liquor the damage or loss sustained in consequence of 
such injury. Coverture or infancy shall be no bar to pro- 
ceedings for recovery, and no person shall be disqualified as 
a witness, by reason of the marriage relation, in a proceed- 
ing under this section. 
Seller's liability 97. (R. L. § 3834-.) Whenever any person is confined 

to wife or child •••1,11 n .- - 'i. 5 • 1 

of man impris- HI jail, the housc ot coiTectiou or statc s prison, by reason 
oned for drunicen ^£ intoxicatiou or of any criminal act done while intoxi- 
1880, No. IS, § I. cated, the wife of such person in her own name and, in 



rnxoxicATrnG liquoe. 31 

case such person has no wife, his minor child or children, 
may in an action on the case upon this statute recover of 
the person who by himself, clerk, servant or agent, illegally 
sold, furnislied or gave to such person any part of the in- 
toxicating liquor upon which such person became intoxi- 
cated, the sum of one dollar per day for all the time such 
person may be thus confined, to be recovered at the end of 
such confinement or at the end of each month of such con- 
finement. 

98. (R. L. § 3835.) When any iudaiment is rendered Judgment; close 
by any court in an actiun founded on section one of this isso, No. i5,§*2. 
act [§ 3834] (No. 97 of this compilation), such court shall 
adjudge that the action was founded on tort and that the 
cause of action arose from the willful and malicious act or 
neglect of the defendant, and shall order that he be confined 
in close jail upon a close jail execution. 



INDEX. 



A 

SECTION. 

Abatement of a common nuisance 38, 47 

" " " form of order for 95 

" '* " more than once 41 

" " order for 40 

Actions for damages 96, 98 

" " close jail execution in 98 

" " order of court upon judgment in 98 

" " witness in 96 

Actions for possession or value not maintainable 3 

Actions of debt, declarations in 90 

" " forfeitures recoverable in 3, 18 

Adulterated liquor, sale, etc. , of 24 

Advertisement of seized liquor of unknown owner 57 

Agent, penalties for solicitation of orders by 68 

Agent, town. See town agent. 

Agricultural exhibition, summary seizure and arrest at 58 

Allegation of offenses under certain sections 78 

' ' prior conviction ; 71 

Amendment of pleadings, allowance of 77 

Appeal, recognizance of claimant on 61 

Appellant not prevailing, order thereupon 63 

Arrest on disclosure, form of warrant for 93 

Artist may keep for use , . i 2 

Audit and allowance of costs 74 

B 

Bond for opening a common nuisance 42 

forfeiture of 43 

Bond, penalty for opening a common nuisance without giving, 42 

Bailding, erection or removal of a 1 

C 

Camp-meetings and drills , 48, 51 

' ' sale of liquor, etc. , prohibited within two 

miles of 49 

Camp-meetings, special police at 51 

Carriers, illegal transportation by 66 

" penalty for transporting unmarked barrel, etc 67 

Cattle show, summary seizure and arrest at 58 

Chemist may keep for use 2 

Cider, manufacture and sale of 1 

■ Civil damages. See damages. 

Claimant, effect of judgment if against 62 

" on appeal, recognizance of 61 

" to prosecute claim, recognizance of 60 

' ' upon seizure to file claim 59 



34 " IJSTDEX. 

Comuilssioner, county. See county commissioner. 

Commitment for refusal to disclose, form of warrant of 93: 

" to lockup of intoxicated person 33 

Common nuisance, abatement of a 38, 47 

" " bond for opening a 42 

" " certification of justice on complaint for 

keeping a 94 

Common nuisance, forfeiture of bond for opening a 43 

" " form of complaints, informations and in- 
dictments relating to a 94 

Common nuisance, form of order for abatement of a 95 

" •' may be abated more than once 41 

" " order for abatement of a 40 

" " owner may dispossess tenant keeping a 44 

'* ' ' penalty for keeping a 39 

" " penalty for opening without giving bond. . . 43 

'* " penalty of landlord permitting a 45 

to be abated , 39 

" " what constitutes a 38 

Common seller, conviction as a, no bar to other prosecutions ... 37 

" " forfeitures for being a 36 

" " form of complaint for becoming a 88 

" " penalties for being a 36 

Common sell ers and manufacturers 36, 47 

Common seller, what constitutes a 37, 89 

Communion wine , 1 

Compensation of counsel 82, 83 

Complainant's share of fines under certain sections 75 

Complaint and warrant for search and seizure, form of 91 

" for becoming a common seller or manufacturer, 

form of 88 

Complaint for keeping a nuisance, certification of justice on. . , 94 

form of 94 

" for search and seizure 52, 54 

" " " without warrant, form of 92 

" for selling, furnishing or giving away, form of 88 

" " " " " ojEfenses prov- 
able under 89 

Condemned liquor, justice to destroy 56 

Continuance, granting of a 70 

Conviction as a common seller, no bar to other prosecutions. ... 37 

Convictions, allegation of prior 71 

" prior, to be alleged 19 

" under disclosure, prior 29, 34 

Costs, audit and allowance of 74 

Counsel, compensation of 82, 83 

Counsel, employment of by prosecuting officer. 82 

County commissioner, election of '. 4, 6 

prosecution of town agent by 15 

punishment for bribery of 8 

tenure of office and pay of 7 



a 



t< 



D 

Damages, actions for ' 96, 98 

' ' close jail execution in actions for 98 

" liability of seller for 96,97 

" order or court upon judgment in action for 98 

' ' witness in action for 96 

Dealer's disability as juror ., 69 

Debt, declarations in actions of 90 

Debt, forfeitures recoverable in actions of 18, 36 

Debts not collectible 3 



INDEX. 35 

De<"larations in actions of debt 90 

Demurrer, procedure upon 26 

Dereliction , official : . ^5, 87 

Destruction after seizure, form of order for 92 

Disability of dealer as j uror 69 

Disclosure and procedure thereupon 28, 35 

' ' form of warrant for arrest on 98 

" " " of commitment for refusal to make, 93 

' ' intoxication and 26. 35 

' ' prior conviction under 29, 34 

Drills and camp-meetings 48, 51 

Drills, prevention of the sale of liquor at 48 

E 

Executions in actions for damages, close jail 98 

F 

False statements, penalty for procuring liquor of town agent by, 16 

Fees of justices 84 

Fees of officers 84 

Fees of prosecuting officers. 84 

Fermented liquor for maker's use 1 

Fine by town, penalty for refunding 87 

Fines, disposition of under certain sections 75 

Fines imposable under complaint for selling, furnishing or 

giving away 89 

Forfeiture after seizure 56 

' ' delivery to town agent after 56 

" of bond for opening a common nuisance 43 

Forfeitures. See penalties. 

Form of complaint and warrant for search and seizure 91 

" " for becoming a common seller or a manu- 
facturer 88 

Form of complaint for keeping- a nuisance 94 

" " for search and seizure without warrant 97 

" " for selling, furnishing or giving away 88 

Form of order for abatement of a nuisance 95 

" " destruction after seizure 92 

Form of warrant for arrest on disclosure 93 

" " of commitment for refusal to disclose 93 

Forms 88, 95 

Freeman, penalty for giving liquor to a 25 

"Furnish " construed 1 

Furnishing, form of complaint for 88 

" offenses provable and fines imposable under com- 
plaint for 89 

Furnishing or giving away, selling 17, 25 

Furnishing, penalties for 17 

G 

" Gambling " defined 47 

" Give away," application limited 1 

Giving away, form of complaint for 88 

" " offenses provable and fines imposable under com- 
plaint for 89 

Giving away, penalties for 17 

Giving away, selling, furnishing or 17, 25 

Grand juror, employment of counsel by 82 

" ■' ' penalty for neglect by 85 

" " to be prosecuting officer, town 18 



36 INDEX. 

Grand jury, presentation by 73 

Guilty, plea of, to state number of offenses 20 

Guilty, procedure under plea of 20, 22 

I 

Indictments, allegation of offense in 90 

Informations, allegation of offense in 90 

Innkeeper not to be town agent 9 

Intoxicated person, commitment to lockup of 33 

" Intoxicating liquor" defined 1, 47 

Intoxication and disclosure 26, 35 

Intoxication, limitation of prosecution for 26 

' ' penalty for 26 

** probation of respondent in cases of 27 

J 

Judgment, if against claimant, effect of 62 

" in action for damages, order of court upon 98 

Jurisdiction of justices .„ . 18, 36, 46, 50, 80 

Juror, dealer's disability as 69 

Jury, presentation by ^rand 72 

J ury trial, respondent entitled to 73 

Justice, fees of 84 

Justice on complaint for keeping a nuisance, certification of .. . 94 

Justice, penalty for neglect by 85 

Justices, jurisdiction of. See jurisdiction of justices. 

Justice to destroy condemned liquor 56 

K 

Xeeper claiming to file claim 59 

Keeping after seizure 54 

" Willi intent to sell, penalty for 17 

L 

Landlord may dispossess tenant keeping a common nuisance, 44 

' ' permitting a common nuisance, penalty of 45 

Liability of seller for damages 96, 97 

Limitation of prosecution for intoxication 26 

Lockup, commitment of intoxicated jDerson to 33 

M 

Manufacture and sale, prohibition of 1, 8 

Manufacturer, forfeiture for being a 36 

" form of complaint for becoming a 88 

' •' may keep for use 2 

' ' penalties for being a 36 

Manufacturers, common sellers and 36, 47 

Military muster, summary seizure and arrest at 58 

Militia, sale of liquor at didlls of 48 

N 

IN'ative wine 1 

Nolle iwosequi, entry of 70 

Nuisance. See common nuisance. 



mDEX. 37 

o 

Offenses, under certain sections, allegation of 78 

Officer, employment of counsel by prosecuting 83 

fees of 84 

" in replevin of liquors, duty of 64 

" penalty for neglect by ■ 85 

Official dereliction 85, 87 

Opening a common nuisance, bond for 42 

" " " without giving bond, penalty for.. 42 

Order for abatement of a common nuisance 40 

" " form of 95 

" destruction after seizure, form of , 92 

Order of court upon judgment in actions for damages 98 

Orders and transportation, solicitation of 66 

Orders by agent, penalties for solicitation of 68 

Order when appellant does not prevail , 63 

Owner, advertisement of seized liquor of unknown 57 

Owner claiming liquor to file claim 59 

Owner may dispossess tenant keeping a common nuisance. ... 47 

P 

Payments illegal and recoverable 3 

Penalties for being a common seller 36 

" " "a manufacturer 36 

" " illegal transportation 66 

" " keeping witli intent to sell 17 

" " selling, furnisliing or giving away 17 

" " solicitation of orders by agent 68 

" " violation of duties of town agent 13, 14 

Penalties recoverable in actions of debt 18, 36 

Penalty for giving liquor to a voter 25 

" " intoxication 26 

" " keeping a common nuisance 39 

" " neglect bv grand j uror 85 

" 'justice 85 

officer 85 

selectmen 85 

state's attorney 85 

Penalty for opening a common nuisance Avitbout giving bond. . 42 

" " procuring liqaor of town agent by false statements, 16 

" " refunding fine by town 87 

" " settling case by state's attorney 86 

Penalty of carriers for transporting unmarked barrel, etc 67 

Penalty of landlord permitting a common nuisance 45 

Pleadings, allowance of amendment of 77 

Plea of guilty, applicable to certain sections, effect of 79 

" " procedure upon 20, 22 

" " to state number of offenses 20 

Police at camp-meetings, special 57 

Possession, actions for not maintainable 3 

Possessor claiming, to file claim 59 

Practice and procedure 69, 84 

Prior convictions, allegation of 71 

^' " to be alleged 19 

" " under disclosure 29,34 

Probation of respondent convicted of intoxication 27 

Procedure, practice and 69, 84 

upon demurrer 23 

' ' disclosure 28, 35 

" plea of guilty 20,22 



(( 



38 INDEX. 

Process on Sunday, service of 81 

Proliibition, general 1 

Prohibition of manufacture and sale 1, 8 

" sale of liquor, etc., within two miles of camp- 
meetings 49 

, Prosecuting officer, fees of 84 

" "in fines under certain sections, share of 75 

Prosecution after seizure 55, 56 

Prosecution for intoxication, limitation of 26 

" of town agent by county commissioner 15 

Public gathering for amusement 1 

Public occasions, summary seizure and arrest on 58 

R 

Recognizance of claimant on appeal 61 

■ " . " to prosecute claim 60 

Replevin, custody and disposal of liquor taken in 64 

' ' not to delay proceedings 65 

" of liquors, duty of officer in 64 

Respondent entitled to jury trial , 73 

S 

Sale, etc. , of adulterated liquor 24 

' ' prohibition of manufacture and 1, 8 

Search and seizure, complaint for 52, 54 

" " " form of complaint and warrant for 91 

Search and seizure without warrant, form of comj^laint for 92 

Search, seizure and condemnation 52, 65 

Seized, if property of a town, to be given up 57 

Seizure, filing of claim by claimant after 59 

' ' forfeiture after 56 

" form of complaint and warrant for search and 91 

' ' form of order for destruction after 92 

" keeping after 54 

" prosecution after 55, 56 

" without warrant 53 

" " " form of complaint for search and 92 

Seizure with warrant 52, 54 

Selectmen not to make town agent's compensation contingent.. 12 

' ' penalty for neglect by 85 

" to furnish liquor to town agent and fix price 11 

Seller, common. See common seller. 

" for damages, liability of . 96, 97 

Selling, form of complaint for 88 

" furnishing or giving away 17, 25 

" penalties for 17 

" offenses provable and fines imposable under complaint 

for 89 

Service of process, on Sunday 81 

Solicitation of orders and transportation 66, 68 

" "by agent, penalties for 68 

Special police at camp-meetings 51 

Special verdict, return of 73 

State's attorney, penalty for neglect by 85 

" " penalty for settling case by 86 

Sunday, service of process on . „ 81 



INDEX. 39 

Tenant keeping a common nuisance, owner may dispossess.. 44 

Testimony by witness, criminating , 76 

Town agent, after forfeiture, delivery to 56 

" " appointment, duties, pay and term of olEce of ,. .. 9 

" " certificate of appointment and bond of 10 

" " innkeeper not to be 9 

" " penalties for violation of duties of 13,14 

" " penalty for procuring liquor of by false state- 
ments 16 

ToWn agent, prosecution by county commissioner of 15 

Town agents 9, 16 

Town agent, selectmen to furnish liquor to 11 

" " vacancy in oflBce of, liow filled 9 

Town grand juror. See grand juror. 

Town, penalty for refunding fine by 87 

" to be delivered up after seizure, if property of 57 

Transportation, penalties for illegal 66 ^ 

" solicitation of orders and 66, 68 

Trial, respondent entitled to jury 73 

Trials, precedence of cases in 70 

V 

Verdict, return of special 73 

Voter, penalty for giving liquor to a 25 

W 

Warrant for arrest on disclosure , form of 93 

form of complaint for search and seizure without ... 92 

for search and seizure, form of complaint and 91 

of commitment for refusal to disclose, form of 93 

seizure with 52. 54 

" without '53 

Wine, communion 1 

native 1 

Witness, criminating testimony by 76 

' ' in actions for damages 96 



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